Eng Poh Su v Yap Ah Ho: Appeal of Interim Maintenance Order Under Women's Charter
In Eng Poh Su (now known as Eddy Eng Poh Su) v Yap Ah Ho (now known as Yap Yujing Josephine), the High Court of Singapore addressed whether leave is required under Section 21 of the Supreme Court of Judicature Act to appeal an interim maintenance order made by the District Court under Part X of the Women's Charter. The court held that no leave is required, construing Section 137 of the Women's Charter as conferring a right of appeal independently of Section 21 of the Supreme Court of Judicature Act.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Orders accordingly.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court addressed whether leave is required to appeal interim maintenance orders under the Women's Charter, finding no leave is needed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Eng Poh Su (now known as Eddy Eng Poh Su) | Petitioner, Applicant | Individual | Extension granted to file notice of appeal | Partial | |
| Yap Ah Ho (now known as Yap Yujing Josephine) | Respondent | Individual | Orders accordingly. | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Troy Yeo Siew Chye | Leo Fernando |
| Raistlina Kwek | Rodyk & Davidson |
4. Facts
- The petitioner sought leave to appeal against a district judge's decision ordering him to pay interim maintenance for his children and former wife.
- The district judge had dismissed the petitioner's application for leave to appeal the interim maintenance order.
- The petitioner was granted a decree nisi on the ground of the respondent's unreasonable behaviour.
- The respondent applied for and obtained the interim maintenance order.
- The Registrar of the Subordinate Courts advised that leave to appeal was required pursuant to s 21 of the Supreme Court of Judicature Act.
5. Formal Citations
- Eng Poh Su (now known as Eddy Eng Poh Su) v Yap Ah Ho (now known as Yap Yujing Josephine), OS 7001/2001, [2001] SGHC 60
6. Timeline
| Date | Event |
|---|---|
| Petitioner and respondent were married. | |
| Petitioner was granted a decree nisi. | |
| District judge made interim maintenance order. | |
| Petitioner lodged a notice of appeal. | |
| District judge dismissed the application and refused the petitioner leave to appeal. | |
| Petitioner was granted an extension of time to file a notice of appeal to the High Court. | |
| Petitioner filed notice of appeal and took out originating summons in the High Court. | |
| Decision Date |
7. Legal Issues
- Leave to Appeal
- Outcome: The court held that leave of court is not required under s 21 of the Supreme Court of Judicature Act to appeal from a decision of the subordinate courts in respect of matrimonial matters under Pt X of the Women`s Charter (Cap 353, 1997 Ed).
- Category: Procedural
8. Remedies Sought
- Leave to Appeal
9. Cause of Actions
- Appeal of Interim Maintenance Order
10. Practice Areas
- Appeals
- Divorce
- Family Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Zaleha bte Rahman v Chaytor | High Court | Yes | [2001] 1 SLR 459 | Singapore | Relied on the reasoning that Section 77 of the Women's Charter confers unrestricted appellate power to the High Court, free from the limitations in Section 21 of the Supreme Court of Judicature Act. |
| Augustine v Goh Siam Yong | Court of Appeal | No | [1992] 1 SLR 767 | Singapore | Cited regarding the method of computing 'the amount in dispute' in maintenance matters. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322, 1999 Ed) s 21 | Singapore |
| Women's Charter (Cap 353, 1997 Ed) Pt X | Singapore |
| Women's Charter ss 113 | Singapore |
| Women's Charter s 127(1) | Singapore |
| Women's Charter s 137 | Singapore |
| Women's Charter s 69(1) | Singapore |
| Women's Charter s 69(2) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Leave to appeal
- Interim maintenance
- Women's Charter
- Supreme Court of Judicature Act
- Matrimonial matters
- Appellate power
15.2 Keywords
- Leave to appeal
- Interim maintenance
- Women's Charter
- Supreme Court of Judicature Act
- Matrimonial matters
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 90 |
| Matrimonial Proceedings | 80 |
| Civil Practice | 70 |
| Administrative Law | 30 |
16. Subjects
- Family Law
- Civil Procedure
- Appeals
- Matrimonial Proceedings